Wednesday, June 15, 2011

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I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.

Pappu,

I guess the uprooting thing depends on many other issues....

E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.

However the retro thing is ruining everything (just like so many others here - we are not an exception).

In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED. Will that help me? No, sir!

We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).

So, in our case - moving to Canada is much like moving to another State... Not a big deal...It certainly will not be the first time to rent U-haul. :)

What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.

It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..

I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.

Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs). If one spouse suffers and is not happy, how can the other be content?

He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek: We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.

I would LOVE to work, BUT - as H4 - I can only dream about that.

Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.

Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.

In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.

If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.

When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.

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lazycis

02-08 09:23 PM

Thanks all of you for your responses.

But I'm still not clear about one thing... which center I should file EAD application with?

I'm in California, My I-140 was approved by Texas service center. I-485 was filed with Nebraska but transfered to texas service center. Now my I-485 is pending with Texas service center.

I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.

-sundar

Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

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amitpan007

06-09 12:26 PM

You got to ignore some of these statuses from certain IOs. I went for infopass end of may and I was told namecheck is pending. When i said it does not matter anymore since it has passed 180 days, he mentioned that its not official yet and gave me a document describing name check process which mentioned something about N-400 which i believe is for FB. Talked to IO over the phone a week later and I was told that its assigned to the officer and Visa Number also assigned. Got the Card Production Ordered email next day.

One question, was your I140 also got denied? Or is it just I485 alone got denied?

Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif

I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.

We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.

My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.

I believe their doucmented were in order otherwise. So it is tough to take things for granted.

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wandmaker

12-18 10:21 PM

Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://i.imdb.com/Photos/Ss/0266697/KillBill_CN-99-3.jpg).

I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us. started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...

5 years have passed, CFA was over long ago.... but just waiting for GC...

Consult a lawyer. I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.

In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )

This situation of yours hinges on technicality and better talk to a lawyer.

what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US. what should we enter as last entry into us